Nobody has ruled on it because they all say nobody has standing to raise the question.
What makes you believe that Congress in any way enters the question of whether Obama “qualified”? Show me the text you rely on to say that the legislative branch has any power or jurisdiction on this issue.
It is the judiciary’s job to inform the Pres elect that he did not “qualify” by Jan 20th. Anything not designated to somebody else in the Constitution is left to the judiciary, who is to settle all cases arising from the Constitution. They refused to do their jobs, saying that nobody had “standing”.
As to why they refused to do their jobs... I’d REALLY like to know that. But alas, nobody has to answer questions from peons like We the People. What do you think this is - government by the people and for the people? Get real.
A state legislature(s) might also invalidate their state’s awarding of electoral college votes to an unqualified candidate, thus invalidating the results of the general election.
A failure of both Houses of Congress to resolve the objections to the certification of an unqualified persons’ ability to receive Electoral College votes would trigger the 20th Amendment if not resolved by January 20th.
Let’s say for illustrative purposes that when the Joint Session of Congress met that Congressman Zach Wamp of Tennnessee and Senator Tom Coburn of Oklahoma had submitted written objections to Vice President Cheney that Barack Obama was unqualified to receive the electoral college votes from those two states due to the fact that he is not a natural born citizen. Both Houses of Congress would have then immediately convened in separate sessions. Let’s say that the vote of each state in the House and in the Senate on the objections to the Electors is 25 votes (states) in favor of the Wamp/Coburn objection and 25 votes (states) opposed. No state is willing to change their vote by January 20th. In that situation, Vice President Joe Biden would have become Acting President.
I’m am betting, but I freely admit that I don’t know for certain, that eventually the Supreme Court would have been forced to rule on Obama’s qualification as a Natural Born Citizen, probably on a lawsuit brought by Obama himself.
When you say its the “judiciary’s” job, that’s awfully broad. The “Judiciary” involves the entire court system of the federal government. Could any one federal district court judge rule a president-elect or a candidate to be unqualified?
When a particular plaintiff isn’t granted standing, it is the responsibilty of plaintiffs’ attorneys to go and find another plaintiff who does have standing.
I do though appreciate your agreement that there has been no ruling by any official body that Barack Obama didn’t qualify for the presidency.
The judiciary would include whoever had original jurisdiction as well as all the appeals. Nothing is fully decided until SCOTUS rules on it. That’s where the buck stops.